Disposed¶16

Varsha Jain v. Municipal Corporation of Delhi & Ors.

Delhi HC23 May 2025W.P.(C)/7070/2025

Case brief

AI extract

What is this about?

Varsha Jain v. Municipal Corporation of Delhi & Ors.; W.P.(C) 7070/2025; CM APPL. 31930/2025; CM APPL. 31931/2025; Delhi High Court; Justice Mini Pushkarna; order dated 23.05.2025; encroachment of public land; removal of encroachment; respondent no. 3; C-5/100, Yamuna Vihar, Delhi; terrace ownership; Municipal Corporation of Delhi (MCD); sanction of building plan; Saral Scheme; application dated 23 April 2024; rejection of building plan application; Appellate Tribunal MCD (ATMCD); direction to inspect property; action in accordance with law; writ disposed of.

What did the court decide?

Direction to MCD (respondent no. 1) to inspect the property in question and take action in accordance with law; writ petition and pending applications disposed of. ¶16

Varsha Jain Vs Municipal Corporation of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to MCD (respondent no. 1) to inspect the property in question and take action in accordance with law; writ petition and pending applications disposed of.

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Issue for consideration

Whether respondent no. 1 (Municipal Corporation of Delhi) should be directed to remove the encroachment of public land made by respondent no. 3 at the property in question (rendered in the source as C-5/1OO, Yamuna Vihar, Delhi110093). +1 more

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Court's answer

MCD (respondent no. 1) is directed to inspect the property in question and take action in accordance with law in respect of the alleged encroachment by respondent no. 3.

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Ratio / Principle

No direction was issued on the reconsideration prayer concerning the rejected Saral Scheme building-plan sanction application; that grievance already lies before the Appellate Tribunal MCD (ATMCD), and the writ was disposed of with only the encroachment-inspection direction.

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Detailed headnote1 paragraphs

Delhi High Court (Mini Pushkarna, J.), order dated 23.05.2025 in W.P.(C) 7070/2025 & CM APPL. 31930/2025, CM APPL. 31931/2025 (Varsha Jain v. Municipal Corporation of Delhi & Ors.). The petitioner, who claims ownership of the terrace of premises at C-5/100, Yamuna Vihar, Delhi-110093, sought (i) directions to respondent no. 1, the Municipal Corporation of Delhi (MCD), to remove the encroachment of public land made by respondent no. 3 at the said property, and (ii) directions to MCD to reconsider her application dated 23 April 2024 for sanction of building plan under the Saral Scheme. MCD's counsel informed the Court that the sanction application had been rejected and the petitioner had already approached the Appellate Tribunal MCD (ATMCD); petitioner's counsel stated the writ was pursued only for removal of encroachment, as ATMCD cannot grant such directions. The Court directed MCD to inspect the property in question and take action in accordance with law, and disposed of the writ petition along with pending applications.

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$~56

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 7070/2025 & CM APPL. 31930/2025, CM APPL. 31931/2025

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VARSHA JAIN .....Petitioner Through: Mr. V.K. Mantoo, Mr. Hem Kumar, Mrs. Nupur Mantoo, Advocates (M:9717787857)

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS. ....Respondents Through: Ms. Shilpa Ohri, Advocate for MCD CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 23.05.2025

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The present writ petition has been filed with a prayer for directions to respondent no. 1 to remove the encroachment of public land made by respondent no. 3 at the property bearing no. C-5/1OO, Yamuna Vihar, Delhi110093.

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There is a further prayer for directions to respondent no. 1 to reconsider the petitioner’s application dated 23^rd April, 2024, for sanction of building plan under the Saral Scheme.

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Per contra, learned counsel for respondent no. 1/Municipal Corporation of Delhi (“MCD”), on advance notice, submits that the petitioner claims to be the owner of the terrace in the property in question. 4. In furtherance to aforesaid, she submits that the property in question is constructed on the ground floor and first floor, and as per the owner/occupier of the ground floor and first floor of the said property, the

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:39:00

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said construction is an old construction, over which it is not possible to carry out any further construction.

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She further informs this Court that against the rejection of petitioner’s application for sanction of building plan, the petitioner has already approached the Appellate Tribunal MCD (“ATMCD”).

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At this stage, learned counsel for the petitioner submits that the petitioner has approached this Court only for the purposes of removal of encroachment, as ATMCD cannot grant such directions.

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Accordingly, MCD is directed to inspect the property in question, and take action, in accordance with law.

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With the aforesaid directions, the present writ petition, along with pending applications, is disposed of.

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MINI PUSHKARNA, J

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MAY 23, 2025/ au

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:39:00

Varsha Jain v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Varsha Jain v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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